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that's what president obama did and this fellow is an american citizen. it's far from clear that there's any law that would allow him to be tried as an enemy combatant. this is a procedure we know works. people get tried in criminal courts every day. the combatant laws we don't know that one can be successfully conducted. that's lost in a mar ras in guantanamo bay. this case will take a long time, be expensive and complicated but he's going to trial and there's going to be a verdict. we know that. >> jeff, thank you very much. fran, julia, as well. appreciate it. follow me on twitte twitter @andersoncooper. what do you think? should he be charged in a criminal court opposed to an enemy combatant? >>> and we will dig in to the case. the older suspect spent last year in parts of dagestan and chechnya. and the older suspect's widow. what we know about her and their relationship and more importantly what the fbi wants to know from her tonight. >>> later, my interview was remarkable woman. i hope you stick around for this. she a dance instructor whose body was
that's what president obama did and this fellow is an american citizen. it's far from clear that there's any law that would allow him to be tried as an enemy combatant. this is a procedure we know works. people get tried in criminal courts every day. the combatant laws we don't know that one can be successfully conducted. that's lost in a mar ras in guantanamo bay. this case will take a long time, be expensive and complicated but he's going to trial and there's going to be a verdict. we know...
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Apr 23, 2013
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i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy combatant. standard operating procedure. frankly, the whole status of enemy combatant remains ambiguous in the legal system. the prisoners in guantanamo bay remain in legal limbo. by treating them as criminal suspects, the obama administration is avoiding all kinds of risks and simply acting as the bush administration has in the past and as they have acted in other terrorist cases by using the normal criminal procedures. >> because lindsey graham and others say, yes, he should be tried as a u.s. citizen, should be tried in a u.s. civilian court, but that can await this process of doing some serious interrogation
i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy...
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to try him in civilian court rather than as an enemy combatant in a military tribune jal? >> i think the military tribunal was a complete nonstarter. there has never been an american citizen arrested on american soil charged in a military tribunal. it's just simply never going to happen. it certainly didn't happen in the bush administration, didn't happen in the obama administration, so that was never -- that's just not -- it's irrelevant at this point. now the case is under way. the fact that he was well enough to be arraigned on the complaint means now that the government will move to present this case in the grand jury, probably within a month there will be an indictment, and then the case will move to a federal district court. at that point, i expect things will slow down quite a bit. i would be surprised, given the magnitude and complexity of this case, that there could be a trial inside of a year, but at least now the process is under way. >> juliette, from a law enforcement standpoint, do you think it was the right decision to try him in civilian court? >> absolutel
to try him in civilian court rather than as an enemy combatant in a military tribune jal? >> i think the military tribunal was a complete nonstarter. there has never been an american citizen arrested on american soil charged in a military tribunal. it's just simply never going to happen. it certainly didn't happen in the bush administration, didn't happen in the obama administration, so that was never -- that's just not -- it's irrelevant at this point. now the case is under way. the fact...
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the obama administration say the tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? he joins us. nice to see you, sir. >> thank you? and i understand you wrote the statute. >> right. i have two goals. one is to bring him to justice and that's through federal court. he was never eligible for the tribunal because he's an american citizen, i wrote that law. i want to know what he knows about foreign connects and future plots. now we are down to this. if you don't hold him as en a enemy combatant when you can get him without a lawyer our ability to gather intelligence is limited by what his lawyer will allow him to answer. >> there's two-way you can be an enemy combatant. one is a foreigner of an enemy at war with the runs. and another category where you are connected to a foreign group trying to do harm to the united states. you can be taken into the custody by the military for 30 days and questioned and after 30 days you get sent out to the civilian system? >> for in his case he was never eligible for trial by the mili
the obama administration say the tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? he joins us. nice to see you, sir. >> thank you? and i understand you wrote the statute. >> right. i have two goals. one is to bring him to justice and that's through federal court. he was never eligible for the tribunal because he's an american citizen, i wrote that law. i want to know what he knows about foreign connects and future plots. now we...
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i strongly disagree with the obama administration's decision to rule out the combatant status for the suspect at this time. i believe such a decision is premature. it is impossible for us to gather the evidence in just a few days to determine whether or not this individual should be held for questioning under the law of war. the decision by the administration to try this individual in federal court is a sound decision. it is the right decision. military commission trials are not available in cases like this. i wrote the 2009 military commission act. i have been a judge advocate for over 30 years, along with the help of many colleagues. we created a system for foreign terrorists. we purposely excluded american citizens. i have all the confidence in the world in article 3 courts at the federal level. they do a terrific job. i have confidence in our military commissions system. the decision by the administration not to proceed in state court in massachusetts i think was the correct decision. the death penalty will be available at the federal level. this is clearly in my view a candidate
i strongly disagree with the obama administration's decision to rule out the combatant status for the suspect at this time. i believe such a decision is premature. it is impossible for us to gather the evidence in just a few days to determine whether or not this individual should be held for questioning under the law of war. the decision by the administration to try this individual in federal court is a sound decision. it is the right decision. military commission trials are not available in...
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instead of before a military tribunal as an enemy combatant were where they have fewer constitutional protections. did they do the right thing? 90 seconds, sir. >> yeah, i believe that president obama and his justice department are completely committed to ensuring that case. is done in this we all heard president obama last week. he said there is a part of boston in him. he said that justice would be done in this case. if in the opinion of president obama and his justice department, the proper place for prosecution is here in the federal district court system of the state of massachusetts, i believe that the court system here in massachusetts can provide that kind of a venue in order to hear this case. so i defer to president obama. i defer to his justice department if in their judgment this is the proper place in order to conduct that trial. >> thank you, sir. mr. lynch, 90 seconds. >> john, i think that we do have sufficient laws in our iminal system to prosecute terrorist number two, if you will. i think that the effort to classify him as an enemy combatant may actually complicate
instead of before a military tribunal as an enemy combatant were where they have fewer constitutional protections. did they do the right thing? 90 seconds, sir. >> yeah, i believe that president obama and his justice department are completely committed to ensuring that case. is done in this we all heard president obama last week. he said there is a part of boston in him. he said that justice would be done in this case. if in the opinion of president obama and his justice department, the...
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. >> is the obama administration still convinced from the tsarnaev brothers acted alone? pat buchanan debates on that subject. and coming up next the sole surviving suspect in the marathon bombing will not be held as an enemy combatant. we will debate the legal aspects of this as "hannity" continues. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) designed for your most precious cargo. (girl) what? (announcer) the all-new subaru forester. (announcer) designed for your most precious cargo. love. it's what makes a subaru, a subaru. at tyco integrated security, we consider ourselves business optihow?rs. by building custom security solutions that integrate video, access control, fire and intrusion protection. all backed up with world-class monitoring centers, thousands of qualified technicians, and a personal passion to help protect your business. when your business is optimized like that, there's no stopping you. we are tyco integrated security. and we are sha
. >> is the obama administration still convinced from the tsarnaev brothers acted alone? pat buchanan debates on that subject. and coming up next the sole surviving suspect in the marathon bombing will not be held as an enemy combatant. we will debate the legal aspects of this as "hannity" continues. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) designed for...
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. >> is the obama administration still convinced from the tsarnaev brothers acted alone? pat buchanan debates on that subject. and coming up next the sole surviving suspect in the marathon bombing will not be held as an enemy combatant. we will debate the legal aspects of this i'm just saying, why does the enterprise get all the good missions? [ bang, alarm blaring ] here we go. on-screen. i'm very sorry. i think i ran into you. it's space. you couldn't go around me? don't worry. i have esurance. their modern tools let me customize my policy. are you okay? 'cause you look a little banged up. you look pretty jacked up, man. yeah. that's my face. oh. [ male announcer ] see "star trek into darkness" in theatres may 17th. go to esurance's facebook page for a chance at free movie tickets. go to esurance's facebook page at tyco integrated security, we consider ourselves business optihow?rs. by building custom security solutions that integrate video, access control, fire and intrusion protection. all backed up with world-class monitoring centers, thousands of qualified technicia
. >> is the obama administration still convinced from the tsarnaev brothers acted alone? pat buchanan debates on that subject. and coming up next the sole surviving suspect in the marathon bombing will not be held as an enemy combatant. we will debate the legal aspects of this i'm just saying, why does the enterprise get all the good missions? [ bang, alarm blaring ] here we go. on-screen. i'm very sorry. i think i ran into you. it's space. you couldn't go around me? don't worry. i have...
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. >> i strongly disagree with the obama's administration decision to rule out enemy combatant suspect. >> reporter: labeling him as an enemy combatant would allow the government to question him without an attorney president and maybe get some of those answers. barbara starr, cnn, the pentagon. >> thanks, barbara. most of us can't even begin to imagine the incredibly tense moments that led up to the arrest of dzhokhar cztsarnaev. but that's what they are trained to do. the s.w.a.t team that took tsarnaev into custody describes the final moments to anderson cooper. let's listen. >> let's do it. let's do what we're trained to do. this is the suspect. we're trained to go in and apprehend him. you can see one hand is clear of any weapons each time he went the other way, his hand went down inside the boat out of our view. i know everybody here we've spoken about it. each time he did that, we had to assume he was reaching for either a weapon, a firearm or some explosive ignition device to kind of draw us in and take us out in a suicide type manner. he did that a couple of times as we're stil
. >> i strongly disagree with the obama's administration decision to rule out enemy combatant suspect. >> reporter: labeling him as an enemy combatant would allow the government to question him without an attorney president and maybe get some of those answers. barbara starr, cnn, the pentagon. >> thanks, barbara. most of us can't even begin to imagine the incredibly tense moments that led up to the arrest of dzhokhar cztsarnaev. but that's what they are trained to do. the...
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enemy combat, because the bombing suspect is a u.s. citizen. >> a memorial service was held yesterday's four lingi lu another victim chris campbell was laid to rest earlier in the day. a moment of silence was held to rob the victims'. the boston mayor except the american flag that have flown at half staff of the marathon finish line. it was symbolic transition at the fbi had a busy boston corridor crime scene back over to the city. >> the invitees police officer and was killed lay to rest tomorrow. vice- president joe biden is expected to attend. meanwhile wilson street will be open to residents and business owners tomorrow. >> we will continue to bring you the latest updates on the suspect in the victim of the boston marathon. >> coming up at 815 we have legal analyst jim hammer into talk more about charges of the 19 year-old faces. >> iran is deny any link to the two suspects started plotting a terrorist attack against canadian passenger train. canadian authorities claim the suspect had directed guidance from al quaida members and ir
enemy combat, because the bombing suspect is a u.s. citizen. >> a memorial service was held yesterday's four lingi lu another victim chris campbell was laid to rest earlier in the day. a moment of silence was held to rob the victims'. the boston mayor except the american flag that have flown at half staff of the marathon finish line. it was symbolic transition at the fbi had a busy boston corridor crime scene back over to the city. >> the invitees police officer and was killed lay...
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. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect. >> reporter: and the question of whether the fbi dropped the ball in 2011 when it looked at tamerlan tsarnaev's activity will be the subject of a closed-door briefing on capitol hill later today, when law enforcement officials brief lawmakers. john? >> all right, barbara starr, thanks so much. barbara starr in washington. i want to bring back fran townsend, cnn analyst, former homeland security adviser to president george w. bush. and fran, i want to get your take here. where do you think the investigation stands right now? we've had these initial criminal complaints given dzhokhar tsarnaev. we've seen sort of the case laid out just a little bit. but how about the investigation itself? what are the next steps? >> well, first of all, we know from investigators that they're cooperating with the russians. i talked to sources, federal sources, and the cooperation between russian authorities and the fbi is quite good. both want to understand what they might have missed, w
. >> i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect. >> reporter: and the question of whether the fbi dropped the ball in 2011 when it looked at tamerlan tsarnaev's activity will be the subject of a closed-door briefing on capitol hill later today, when law enforcement officials brief lawmakers. john? >> all right, barbara starr, thanks so much. barbara starr in washington. i want to bring back fran townsend,...
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president obama use ad drone to kill him in the wilds of yemen. if you, if you fill eight yourself with enemy forces and you go to war against american citizens and you kill americans will fully and you do so on behalf of a movement or enemy forces then indeed you can be considered an enemy combatant. being a enemy combatant simply because you're an american citizen. if in world war ii you went over and joined nazi forces were you not a enemy combatant? of course you were. . . >> he didn't treat those terrible tragedies as access war, but appropriately treated them as heinous criminal acts to be investigated, prosecuted, and appropriately punishes. >> host: al-alwaki was an american citizen, kimed on orders of president obama. did president obama violate the constitution by doing that? >> guest: well, actually, we have a lawsuit in which we are seeking to get answers from the administration about what legal standards they used and invoked. >> see the rest of this segment at c-span.org. live now to today's white house briefing. here's spokesman jay
president obama use ad drone to kill him in the wilds of yemen. if you, if you fill eight yourself with enemy forces and you go to war against american citizens and you kill americans will fully and you do so on behalf of a movement or enemy forces then indeed you can be considered an enemy combatant. being a enemy combatant simply because you're an american citizen. if in world war ii you went over and joined nazi forces were you not a enemy combatant? of course you were. . . >> he...